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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (Pupil Registration) (England) Regulations 2006 No. 1751 URL: http://www.bailii.org/uk/legis/num_reg/2006/20061751.html |
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Made | 1st July 2006 | ||
Laid before Parliament | 12th July 2006[a] | ||
Coming into force | 1st September 2006 |
Revocation
3.
—(1) The Education (Pupil Registration) Regulations 1995[2] and the Education (Pupil Registration) (Amendment) Regulations 1997[3] are revoked to the extent that they apply in relation to schools in England.
(2) The Education (Pupil Registration) (Amendment) (England) Regulations 2001[4] are revoked.
Registers to be kept
4.
The proprietor of every school shall cause to be kept—
Contents of Admission Register
5.
—(1) The admission register for every school shall contain an index in alphabetical order of all the pupils at the school and shall also contain the following particulars in respect of every such pupil—
(2) In the case of every school which includes boarding pupils a statement as to whether each pupil of compulsory school age is a boarder or a day pupil shall be added to the particulars specified in paragraph (1), and that statement shall be amended accordingly where a registered pupil at the school becomes or ceases to be a boarder at the school.
(3) For the purposes of this regulation only a pupil is a pupil at the school from the beginning of the first day on which the school has agreed, or has been notified, that the pupil will attend the school.
Contents of Attendance Register
6.
—(1) The following particulars must be recorded in the attendance register at the commencement of each morning session and once during each afternoon session —
(b) in the case of any such pupil of compulsory school age who is absent, a statement whether or not his absence is authorised in accordance with paragraph (2);
(c) in the case of any such pupil of compulsory school age who is attending an approved educational activity the nature of that activity; and
(d) in the case of any pupil unable to attend due to exceptional circumstances, the nature of those circumstances:
but this paragraph does not apply in respect of a pupil who is a boarder.
(2) In the case of a pupil who is not a boarder, his absence shall be treated as authorised for the purposes of this regulation if—
(3) Where the reason for a pupil's absence cannot be established at the time when the register is taken, that absence shall be recorded as unauthorised and any subsequent correction to the register recording that absence as authorised shall be made in accordance with regulation 13 and as soon as practicable after the reason for the absence is established by the person with responsibility for completing the register.
(4) An approved educational activity is either—
(b) attendance at another school at which the pupil is a registered pupil.
(5) The exceptional circumstances in which a pupil may be marked as unable to attend are where—
(6) The name of a pupil may only be deleted from the attendance register when that pupil's name has been deleted from the admission register for that school in accordance with regulation 8.
(7) For the purpose of this regulation "walking distance" has the meaning given to that expression in section 444(5) of the Education Act 1996[6].
Leave of absence
7.
—(1) Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school.
(2) Leave of absence shall not be granted to enable a pupil to undertake employment (whether paid or unpaid) during school hours except—
(3) Subject to paragraph (4), a pupil may be granted leave of absence from the school to enable him to go away on holiday where —
(4) Save in exceptional circumstances, a pupil shall not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year.
(5) This regulation applies only in relation to a maintained school and a special school not maintained by a local education authority.
Deletions from Admission Register
8.
—(1) The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register—
(g) that he is certified by the school medical officer as unlikely to be in a fit state of health to attend school before ceasing to be of compulsory school age, and neither he nor his parent has indicated to the school the intention to continue to attend the school after ceasing to be of compulsory school age;
(h) that he has been continuously absent from the school for a period of not less than twenty school days and —
(i) that he is detained in pursuance of a final order made by a court or of an order of recall made by a court or the Secretary of State, that order being for a period of not less than four months, and the proprietor does not have reasonable grounds to believe that the pupil will return to the school at the end of that period;
(j) that the pupil has died;
(k) that he will cease to be of compulsory school age before the school next meets and the relevant person has indicated that he will cease to attend the school;
(l) in the case of a pupil at a school other than a maintained school, an Academy, a city technology college or a city college for the technology of the arts, that he has ceased to be a pupil of the school;
(m) that he has been permanently excluded from the school; or
(n) where the pupil has been admitted to the school to receive nursery education, that he has not on completing such education transferred to a reception, or higher, class at the school.
(2) In a case not covered by paragraph (1)(a), (j) or (m), the name of a child who has under arrangements made by a local education authority become a registered pupil at a special school shall not be removed from the admission register of that school without the consent of that authority, or if that authority refuse to give consent, without a direction of the Secretary of State.
(3) The following are prescribed as the grounds on which the name of a pupil not of compulsory school age is to be deleted from the admission register—
(c) that the pupil has died;
(d) where the pupil has been admitted to the school to receive nursery education, he has not on completing such education transferred to a reception, or higher, class at the school; or
(e) that he has been permanently excluded from the school.
(4) For the purposes of this regulation—
(e) the permanent exclusion of a pupil from an Academy, a city technology college or a city college for the technology of the arts does not take effect until the proprietor has discharged its duties in relation to a permanent exclusion under the agreement entered into pursuant to section 482 of the Education Act 1996[10] and
Dual Registration of children with no fixed abode
9.
—(1) This regulation applies to a pupil who —
(2) The name of a pupil to whom this regulation applies shall not be deleted from that pupil's school of ordinary attendance pursuant to regulation 8(1)(b) or (c)[b].
(3) Subject to paragraph (4), for the purposes of paragraph (2), a school is a pupil's school of ordinary attendance if, during the immediately preceding 18 months, it is the school which the pupil has attended during periods when his parent is not travelling in the course of trade or business.
(4) In any case in which two or more schools fulfil the definition of a school of ordinary attendance in paragraph (3), paragraph (2) applies only in respect of the school which fulfils the definition most recently.
Inspection of registers
10.
—(1) The admission register and the attendance register of every school shall be available for inspection during school hours by —
Extracts from registers
11.
The persons authorised by regulation 10 to inspect the admission register and attendance register of any school shall be permitted to make extracts from those registers for the purposes of their functions under the Education Acts.
Returns
12.
—(1) Subject to paragraph (2), the proprietor of every school shall make to the local education authority, at such intervals as may be agreed between the proprietor and the local education authority, or as may be determined by the Secretary of State in default of agreement, a return giving the full name and address of every registered pupil of compulsory school age who—
(2) Paragraph (1) shall not apply with respect to —
(3) As to the contents of the admission register comprising particulars relating to a pupil whose name is to be deleted in accordance with regulation 8(1)(d), (e),(g),(i) or (m), the proprietor shall make a return to the local authority for every such pupil giving the full name of the pupil, the address of any parent with whom the pupil normally resides and the ground upon which their name is to be deleted from the admission register as soon as the ground for deletion is met in relation to that pupil, and in any event no later than deleting the pupil's name from the register.
Method of making entries
13.
—(1) Every entry in an admission register or attendance register shall be made in ink.
(2) In relation to every amendment made the admission register and the attendance register shall include —
Preservation of registers
14.
Every entry in an admission register or attendance register shall be preserved for a period of three years after the date on which the entry was made.
Use of computers
15.
—(1) Nothing in these Regulations shall be taken to prevent the keeping of an admission or attendance register by means of a computer, but where such a register is so kept the following paragraphs of this regulation shall apply for the purpose of modifying the requirements of these Regulations.
(2) The requirements of regulation 4 shall not be treated as satisfied unless an additional back-up copy of the admission register and the attendance register is made not less than once a month in the form of an electronic, micro-fiche or printed copy.
(3) The requirements of regulations 10 and 11 shall not be treated as satisfied unless the persons authorised to inspect and take extracts from the admission register and the attendance register are permitted to inspect and take extracts from those registers kept by means of a computer and the additional back-up copies made in accordance with paragraph (2).
(4) The requirements of regulation 13 shall not be treated as satisfied unless, where any correction to an original entry in the registers is made, any register kept by means of a computer and any print made of any such register after the correction distinguish clearly between the original entry and the correction.
(5) The requirements of regulation 14 shall not be treated as satisfied unless each additional back-up copy of the admissions register and the attendance register made in accordance with paragraph (2) and relating to a particular school year is retained for a period of three years after the end of that school year.
(6) A print of a register produced by means of a computer shall for the purposes of regulation 14 be taken to be made in ink.
(7) The provisions of this regulation are without prejudice to the requirements of the Data Protection Act 1998[12].
Jim Knight
Minister of State Department for Education and Skills
1st July 2006
[2] S.I. 1995/2089, amended by S.I. 1997/2624 and 2001/2802.back
[5] 1996 c.56; section 560 was amended by sections 112 and 140(3) of, and Schedule 31 to, the School Standards and Framework Act 1998 (c.31).back
[7] 1963 c.37; section 37 was last amended by paragraph 10 of Schedule 37 to the Education Act 1996 (c.56).back
[8] 1933 c.12; section 25 was last amended by section 109(1) of, and paragraph 73(1) and (3) of Schedule 8 to, the Courts Act 2003 (c.39).back
[10] 1996 c.56; section 482 was substituted by section 65 of the Education Act 2002 (c.32).back
[b] Amended by Correction Slip. Page 6, regulation 9(2), line two: "pursuant to regulation 9(1)(b) or (c)." should read, "pursuant to regulation 8(1)(b) or (c).". back